NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 5 years, and E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________, (personal jurisdiction data), being charged with the duty of __________, did, (at/on board—location), on or about __________, knowingly and intentionally fail to (enforce) (comply with) Article __________, Uniform Code of Military Justice, in that (he) (she) __________.
c. ELEMENTS:
(1) That, at (state the time and place alleged), the accused failed to (enforce) (comply with) Article (___) of the Uniform Code of Military Justice regulating a proceeding (before) (during) (after) trial of an accused by (state the manner alleged);
(2) That the accused had the duty of (enforcing) (complying with) that provision of the Uniform Code of Military Justice;
(3) That the accused knew that (he) (she) was charged with this duty; and
(4) That the accused’s failure to (enforce) (comply with) that provision was intentional.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intentionally” as used in this specification means that the act was done on purpose, and not merely through carelessness, by accident, or under good faith error of law.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge and Intent), is ordinarily applicable.